This is the public policy forum of Minneapolis Second Ward (Green) City Council Member Cam Gordon and his staff. We use this space to talk about some of what Cam’s working on, explain his positions, and share a little of what life in City Hall is like. Please feel free to comment on posts, within certain ground rules. See our disclaimer, including ground rules, here: http://secondward.blogspot.com/2006/05/disclaimer.html#links

Then, later in the same meeting, the HE&E committee will hear public testimony on my proposed arsenic ordinance. The final draft of that ordinance is below.

Two of the major projects that my office has been working on all summer will come to the committee on the same day. When it rains it pours.

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Tenant Notification of Environmental Testing and Remediation

ARTICLE IV. EQUIPMENT AND FACILITIES

244.380. Tenant to be notified of arsenic testing, removal and remediation in South Minneapolis Neighborhood Soil Contamination Site.

a. For the purpose of this section, the “South Minneapolis Neighborhood Soil Contamination Site” shall mean the area of South Minneapolis that has been or shall in the future be designated by the United States Environmental Protection Agency for testing, removal and/or remediation of arsenic contamination from residential properties.

b. Any person allowing to be occupied or let to another for occupancy any dwelling unit located in the South Minneapolis Neighborhood Soil Contamination Site area shall provide to the tenant or lessee copies of all written or electronic information received from the United States Environmental Protection Agency (USEPA) or its agents or contractors concerning arsenic testing results, and removal or remediation activities pertaining to the leased premises.

c. Information regarding environmental testing, removal and remediation required to be provided under this section shall be provided to the tenant or lessee at each of the following times:1) Within 30 days after the effective date of this section;2) Within 30 days of receiving new information from the USEPA or its agent or contractor; and3) Prior to signing a lease for the premises or prior to agreement upon a tenancy, if no lease is provided.

d. The property owner or the owner’s representative shall retain an Arsenic Notification Advisory in a format prescribed by the City of Minneapolis, stating that the property owner has complied with all notification requirements under this section, the dates of compliance, and the signature of the tenant or lessee attesting to compliance. If there is a contract or lease for the tenancy, the Arsenic Notification Advisory must be attached thereto.

Environmental Information in Minneapolis Truth-in-Sale-of-Housing

CHAPTER 248. TRUTH IN SALE OF HOUSING248.10. Definitions

Environmental testing, removal or remediation: Testing, removal or remediation of environmental contamination on residential property by the United States Environmental Protection Agency, the Minnesota Pollution Control Agency or other governmental agency or under the direction of such governmental agency.

Environmental testing, removal or remediation disclosure: Disclosure by the owner or representative of the owner as part of a truth-in-housing disclosure report of environmental testing, removal or remediation in a format prescribed by the City of Minneapolis.

248.30. Seller Disclosure Required(a) The truth-in-housing disclosure report, the code compliance orders or certificate of code compliance shall all contain a statement signed by the owner or representative of the owner:

(5) As to whether there has been environmental testing, removal or remediation as defined in 248.10